Madhya Pradesh High Court
Santosh Tiwari vs The State Of Madhya Pradesh on 29 December, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6017 of 2022
(SANTOSH TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-12-2022
Heard through Video Conferencing.
Shri Pankaj Dubey-Advocate for the appellants.
Shri A.N.Gupta - Public Prosecutor for respondent/State.
Heard on I.A. No.20987/2022, which is first application under Section
389(1) of Cr.P.C. moved on behalf of appellant No.3-Rohni Prasad Tiwari
seeking suspension of sentence and grant of bail.
Appellant No.3-Rohni Prasad Tiwari has so far undergone about one
year's of incarceration including the period undergone during trial.
Appellant No.3 stands convicted under Section 147 of IPC and
sentenced to undergo 2 Years' R.I. with fine of Rs.1000/-, under Section 307
r/W Section 149 IPC and sentenced to undergo Life Imprisonment with fine of
Rs.1000/- & under Section 325 r/W Section 149 of IPC and sentenced to
undergo 5 years' R.I. with fine of Rs.1000/- with default stipulations vide
judgment of conviction and order of sentence dated 16/06/2022 passed by the
Sessions Judge, Rewa in ST No.2000145/2012.
In short, as per prosecution story, a report was lodged on 19/01/2012 by
complainant/injured Ramraj Tiwari that he is resident of Village Podi and is an
agriculturist. There is a land dispute between the family of the complainant and
that of Santosh Tiwari & others. On 19/01/2012, at about 4 P.M., while he was
ploughing the field and his son Dhanesh was sitting in the field, Santosh Tiwari
armed with lathi, Harinarayan Tiwari armed with pharsa, Shashibhooshan armed
with Lathi, Vikas armed with Lathi, Sunil armed with lathi, Susheel armed with
pharsa, Rohini (present appellant) armed with lathi, Krishnakant armed with
Lathi, Shivshankar armed with lathi, Satyaprakash armed with lathi came with
common intention to cause homicidal death of deceased Dhanesh. Though
Dhanesh tried to escape but number of persons gheraoing him, therefore, he
couldn't escape. He suffered multiple injuries on various parts of the body
including vital part of the body i.e. head and suffered homicidal death.
Accordingly, case has been registered against the accused persons at Crime
Case No.14/2012 at Police Station Semariya, District Rewa for the offences
under Sections 147, 148, 149, 307, 302, 294, 323 & 506B of IPC. After
completion of investigation, charge-sheet was filed and the case was committed
to the Sessions Court. The Sessions Court upon critical evaluation of the
evidence placed on record and recording the statements of the material
witnesses has convicted and sentenced the present appellant as referred above
alongwith other co-accused persons.
Learned counsel for appellants while taking exception to the impugned
judgment submits that learned Sessions Judge has committed serious error of
law and fact while convicting the appellants. The judgment suffers from
perversity. The relevant evidence has not been taken into consideration and the
said judgement is based on surmises and conjectures. Even otherwise, present
appellant No.3-Rohni Prasad Tiwari is 80 years of age as on date with failing
health. He has already suffered jail incarnation for about five months during trial
and since the date of judgment i.e. 16/06/2022. In other words, for about one
year. Due to age and desease, he is suffering untold story in the jail. Hence,
learned counsel for appellants prays for grant of benefit of suspension of
sentence to appellant No.3-Rohni Prasad Tiwari.
Per contra, learned Public Prosecutor for respondent/State opposes the
application while supporting the impugned judgment with submissions that
appellant No.3-Rohni Prasad Tiwari along with other co-accused persons with
common object to cause homicidal death of the deceased Dhanesh came on
spot of the incident armed with lathi and pharsa. Thereafter, they
indiscriminately beaten the deceased resulting into his homicidal death. Hence,
no exception can be taken in the matter of grant of benefit of suspension of
sentence to appellant No.3-Rohni Prasad Tiwari.
Upon hearing learned counsel for parties, though this Court refrains from
commenting upon merits of the judgement rendered, however, only on the
ground that appellant No.3-Rohni Prasad Tiwari is 80 year of age with failing
health and has already suffered more than one year of incarceration and that
appeal is of the year 2022 and there is no likelihood of early hearing of the
appeal, appellant No.3-Rohni Prasad Tiwari is held entitled for suspension of
jail sentence.
Accordingly, it is directed that the jail sentence of the appellant No.3-
Rohni Prasad Tiwari shall remain suspended and he be released on bail on
his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac
only) with one solvent surety in the like amount to the satisfaction of the trial
Court subject to verification of factum regarding deposit of fine amount.
Appellant No.3 is directed to appear before the Registry of this Court on
24/02/2023 and on other subsequent dates as may be fixed in this behalf with
following further conditions:-
(i) the concerned jail authorities are directed that before releasing
appellant No.3, the medical examination of the appellant No.3 be
conducted through the jail doctor and if it is prima facie found that
she is having any symptoms of COVID-19, then the consequential
follow up action or any further test required be undertaken
immediately. If not, appellant No.3 shall be released on bail in
terms of the conditions imposed in this order ;
(ii) violation of conditions, State is free to apply for cancellation of
bail.
Accordingly, I.A. No.20987/2022 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (NANDITA DUBEY)
V. JUDGE V. JUDGE
(Dubey)
SUNEEL
DUBEY
2022.12.29
15:41:14
-08'00'
